A Patent Trial and Appeal Board (PTAB) panel declined to institute an inter partes review (IPR) of a claim directed to a method for treating low grade B-cell non-Hodgkin’s lymphoma. The challenged method required patients to...more
A district court judge recently addressed the scope of estoppel for a petitioner in an inter partes review (IPR). Specifically, the court clarified the meaning of a “ground for invalidity” as it relates to the estoppel effect...more
In a consolidated Hatch-Waxman patent infringement action, a district court judge in Delaware recently found claims directed to a treatment for multiple sclerosis invalid as obvious....more
In a consolidated Hatch-Waxman patent infringement action, a district court judge in Delaware recently found claims directed to a treatment for multiple sclerosis invalid as obvious....more
A Patent Trial and Appeal Board (PTAB) panel upheld a stay of co-pending inter partes review (IPR) proceedings pending a decision on the patent owner’s petition for writ of certiorari....more
A district court judge denied a plaintiff’s motion to preliminarily enjoin a defendant from selling saliva collection kits for DNA testing....more
FEDERAL CIRCUIT -
Federal Circuit Lacks Authority to Review Denial of Institution of IPR on Some, but Not All, Raised Grounds -
In an appeal of a decision by the Patent Trial and Appeal Board (PTAB) denying the...more
DISTRICT COURT CASES -
Attorney’s Fees Awarded Against Plaintiff for Inadequate Pre-Filing Investigation and Meritless Post-Discovery Positions -
A judge in the U.S. District Court for the Central District of...more
DISTRICT COURT CASES -
Humanized Antibody Not Found to Infringe Under DOE -
A district court judge granted UCB, Inc.’s (plaintiff) motion for summary judgment that its Cimzia® product, a humanized monoclonal...more
DISTRICT COURT CASES -
Patent Directed to Online Auction Held Invalid Under § 101 -
A district court recently granted a defendant’s motion for judgment on the pleadings, holding that a patent directed to an...more
U.S. SUPREME COURT CASES -
B&B Hardware, Inc. v. Hargis Industries, Inc., Potential Issue Preclusion on Likelihood of Confusion Rulings -
On March 24, 2015, the United States Supreme Court ruled that that a...more
Supplemental Information Containing Petitioner’s Statements Allowed in IPR -
A PTAB panel has granted a patent owner’s (owner) motion to submit supplemental information in an inter partes review (IPR). A motion to...more
Improper Submission of New Evidence Undermines Patent Challenge -
In its final written decision, a PTAB panel granted a patent owner’s (owner) motion to exclude evidence submitted by a petitioner in support of its...more
District Court Cases -
Statistics on Inter Partes Review Proceedings Found Persuasive by Court in Granting Stay -
A district court in California has granted a defendant’s motion to stay a patent infringement...more
Federal Circuit Cases -
Denial of Petition for Inter Partes Review Is Not Appealable -
A Federal Circuit panel has granted a motion to dismiss an appeal from a Patent Trial and Appeal Board (PTAB) order denying...more
For the First Time, PTAB Rules for Patent Owner After Inter Partes Review Trial Instituted -
A PTAB panel has held, for the first time, that all challenged claims of a patent are valid following completion of an inter...more
DISTRICT COURT CASES -
Rule 11 Sanctions Warranted Due to Plaintiff’s Objectively Unreasonable Claim Construction -
A district court in Delaware has granted a defendant’s motion for sanctions against a plaintiff...more
DISTRICT COURT CASES -
In the Eastern District of Texas the Trend of Successful Motions to Dismiss Willful Infringement Allegations Continues, While Similar Attacks on Direct Infringement Allegations Still Face Tough...more